UN HUMAN RIGHTS IN THE FIELD
Mechanisms (M)
M1 – Cambodia submits five reports to the
treaty bodies that conform with reporting
guidelines, as well as its report to the UPR.
It adopts an integrated and participatory
approach to preparing and following up
these reports.
The four reports submitted during the reporting period (CERD, CEDAW, CRC and
UPR) largely conformed to the respective
reporting guidelines.
In 2018, a series of trainings on treaty
body reporting were completed with
support from OHCHR. Following the conclusion of the training workshops, State
Party reports were submitted to CERD,
CEDAW and CRC. OHCHR provided substantive support to the mechanisms that
are responsible for drafting the CEDAW
and CRC reports to ensure that they
complied with the reporting guidelines.
Consultations with CSOs were carried out
during the drafting of the reports. At the
end of the year, the overdue reports to
CRPD and CESCR were in the final drafting
stages. Initial work was underway on the
overdue report to CED, yet no progress
was made on completing the overdue response to CAT’s list of issues or the reply
to the findings and recommendations issued by SPT. The State report for the UPR
was submitted on time. Following an initial
consultation with limited CSO participation, OHCHR supported a larger and more
participatory event that included civil society as well as development partners and
line ministries.
The National Mechanism for Reporting
and Follow up (NMRF) was officially established in June 2018. Although it was not
responsible for all treaty reporting in 2018,
it should play an important coordination
role for the preparation of all reports to the
international human rights mechanisms.
OHCHR supported the first meeting of
258 UN HUMAN RIGHTS REPORT 2018
Spotlights:
UN HUMAN RIGHTS IN THE FIELD
the NMRF and shared examples of good
practices and lessons learned from around
the world. The Cambodian Human Rights
Commission and the NMRF committed,
in writing, to establishing a workplan to
follow up on the UPR recommendations
once they are adopted in 2019.
M2 – Civil society organizations and the
UN Country Team increasingly engage
with the human rights mechanisms when
they report to the treaty bodies, special
procedures and the UPR.
During the reporting period, two shadow
reports to CEDAW and CRC, the first individual complaint to CEDAW, a joint UNCT
submission and 11 collective substantive
thematic submissions by CSOs for the
third UPR cycle were made.
Following OHCHR’s trainings on the
Optional Protocol to CEDAW, the first
individual complaint was submitted to
CEDAW regarding a female land rights
activist. OHCHR supported two umbrella organizations, namely NGO-CRC and
NGO-CEDAW, to submit their respective
shadow reports to the Committee.
The UNCT prepared a joint confidential report to CEDAW, with inputs from OHCHR.
The submission was finalized by the
United Nations Theme Group on Gender,
in early December, for validation and submission by the UNCT in February 2019.
In the context of the OHCHR-chaired
UNCT Theme Group on Human Rights,
the UNCT prepared a report for the UPR,
which was submitted by the Resident
Coordinator in July. A courtesy copy was
shared with the Ministry of Foreign Affairs
(MFA). Initial meetings were held with the
MFA to discuss possible cooperation for
UPR follow-up in 2019.
Youth
In addition to individual submissions,
national and international civil society
organizations prepared 11 collective
substantive thematic submissions for
Cambodia’s third cycle of the UPR. For
the first time in Cambodia, each thematic working group drafted a two-page
summary factsheet on their report as a
practical tool to advocate for Member
States to use the recommendations of
CSOs. This was the outcome of a series
of five workshops that were organized by
OHCHR, after March, in cooperation with
the Cambodian Center for Human Rights
and UPR Info (an international NGO). The
workshops helped to raise awareness
about Cambodian CSOs on the importance of making substantive submissions
to the UPR and trained them in preparing
quality submissions. In November, the
EU delegation in Phnom Penh hosted a
half-day session, during which CSOs presented the factsheets to the diplomatic
community. All invited embassies expressed their great appreciation for this
advocacy model.
Development (D)
D2 – Business actors increasingly implement the UN Guiding Principles on
Business and Human Rights, including
by engaging with local and national authorities, civil society organizations, local
and indigenous communities and other
stakeholders.
In 2018, the Office continued to raise the
awareness of various business enterprises
to implement the UN Guiding Principles
on Business and Human Rights (UNGPs).
The Office provided them with a video, in
Khmer, on the implementation framework
of the UNGPs. OHCHR also teamed up
with the Resident Coordinator’s Office to
engage with the private sector in the context of the SDGs.
With support from the Office, progress was
achieved with regard to solving land disputes through non-judicial mechanisms.
OHCHR provided technical assistance
and observed a mediation process between the SOCFIN Company and the
Bunong Indigenous Peoples’ Community
regarding traditional land that was granted
to the company in 2007 as an Economic
Land Concession (ELC). The support from
OHCHR contributed to solving most of
the disputes related to collective land.
Support for dispute resolution began in
2015. In 2017, the Independent Mediation
Group launched a mediation process. To
address the power imbalance between
the company and the Bunong community,
OHCHR provided financial support to the
Legal Aid of Cambodia NGO. This enabled
them to train community representatives
in mediation skills and provide legal advice during the mediation.
Together with ADHOC and LICADHO,
OHCHR advocated within and monitored a
land dispute resolution process between a
community and an ELC/Cement Company
in Sdao Commune, in the Rattanak Mondul
District of the Battambang Province. As
a result, the 27 remaining families received fair compensation and the case
was closed.
D3 – Laws, policies and strategies on
land, housing and property increasingly comply with human rights standards.
Their implementation by the Ministry of
Land Management, Urban Planning and
Construction, the Ministry of Environment,
the Ministry of Agriculture, Forestry and
Fisheries, the Ministry of Interior and
the Ministry of Rural Development and
sub-national authorities similarly complies
with international standards.
State institutions and programmes with
international human right s norms
and standards.
During the reporting period, OHCHR and
various partners continued to raise concerns about the complexity, length and
cost of the Communal Land Titling (CLT)
process. With the support of OHCHR,
and following advocacy by the Special
Rapporteur on the rights of indigenous
peoples, the five concerned ministries
refined a discussion paper on the simplification of the CLT process. Following
its endorsement at the technical level,
OHCHR will convene a high-level seminar
with the five ministries in 2019.
Pending the simplification process, implementation of the CLT process continued,
including with the support of OHCHR.
As a result, 11 indigenous peoples’ communities (IPCs) in the Ratanakiri, Pursat
and Kampong Thom Provinces have now
progressed through Step 1, two IPCs progressed to Step 2 and one progressed to
Step 3, the last step before the issuance of
a land title. In collaboration with OHCHR,
authorities trained 24 IPCs in two provinces that are in possession of a CLT on how
to resolve land disputes using their CLTs.
OHCHR published a government-sanctioned manual on the three-step CLT
process for indigenous peoples, which
was developed through a consultative
process with the five ministries concerned.
The manual will assist local authorities and
IPCs to progress more efficiently through
the CLT steps.
Through capacity-building and awareness-raising activities, OHCHR aimed at
improving the compliance of selected
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